Wed 23 Oct 2019

Litigation Updates for September and October 2019

The following is a summary of some recent updates from September and October which may be of interest to those working in litigation in Scotland.


The Scottish Government published the Cross-border civil and commercial legal cases after Brexit: guidance for legal professionals on 14 October. The guidance for legal professionals and covers applicable law and jurisdiction and recognition and enforcement of judgments in cross-EU border civil and commercial legal cases after Brexit should the UK leave without a deal.

Court of Session Rules

The Act of Sederunt (Rules of the Court of Session 1994 Amendment)(Signature of Petitions and Answers) 2019 has amended the Rules of the Court of Session in relation to who is permitted to sign petitions. Whilst previously this could only be done by Counsel or Solicitors Advocates, it will now be possible for agents to sign them. However this only arises in limited circumstance where the petition needs to be lodged urgently and the counsel or solicitor advocate is unavailable. They give authority to the agent to sign, the agent then adds a docquet to the petition regarding this and it is followed up by a declaration from the counsel or solicitor advocate that they gave the agent authority to sign.

Success Fee Agreements

The Scottish Government published its analysis of responses to its consultation on Success Fee Agreements in Scotland which closed on 31 January. The next step will be for it to publish the regulations which will bring the provisions of Part 1 of the Civil Litigation (Expenses and Group Proceedings)(Scotland) Act 2018 into force.

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